THE HAGUE, Netherlands — On Monday, the International Court of Justice began what is now the largest case in its history, convening for a two-week series of hearings focused on the legal responsibilities of nations around the globe in addressing climate change and supporting vulnerable nations impacted by its severe consequences.
After significant advocacy from island nations at risk of disappearing due to rising sea levels, the U.N. General Assembly requested that the ICJ provide an opinion regarding “the obligations of States in respect of climate change” last year.
While any ruling from the court will serve as non-binding advice and cannot outright compel wealthy countries to assist those in need, it holds significant symbolic value and could potentially serve as a foundation for subsequent legal measures, including local lawsuits.
The legal team representing the Pacific island nation of Vanuatu, led by Margaretha Wewerinke-Singh, expressed a desire for the court to affirm that actions contributing to climate degradation are unlawful.
Since 2013, global sea levels have seen an average increase of approximately 4.3 centimeters (1.7 inches), with certain Pacific regions experiencing even larger rises. Furthermore, the planet has warmed about 1.3 degrees Celsius (2.3 Fahrenheit) since preindustrial times, largely attributed to fossil fuel emissions.
Vanuatu is part of a coalition of smaller nations advocating for international legal measures to address the climate crisis. Ralph Regenvanu, Vanuatu’s climate change envoy, remarked to reporters that these countries are enduring the front-line impacts of climate change, witnessing the devastation of their lands, livelihoods, cultures, and human rights.
The Hague’s court is set to hear presentations from 99 nations and over a dozen intergovernmental organizations during this two-week period, marking the largest representation in the nearly 80-year history of the institution.
At last month’s annual climate conference held by the United Nations, nations reached a preliminary agreement on how wealthier countries can assist poorer nations facing climate-related disasters. The commitment includes a pledge of at least $300 billion annually by 2035, though environmental experts warn this amount falls short of the estimated $1.3 trillion needed.
Vishal Prasad, representing Pacific Islands Students Fighting Climate Change, highlighted that for their generation and the Pacific Islands, the climate crisis poses an existential threat, emphasizing the need for the ICJ to safeguard the rights of those experiencing the crisis firsthand.
Fifteen judges from diverse global backgrounds will deliberate on two critical questions: What obligations do countries have under international law to mitigate climate harm and greenhouse gas emissions? Additionally, what legal repercussions exist for governments whose actions, or inactions, have markedly damaged the climate and environment?
The second question specifically addresses the plight of “small island developing States,” which are expected to be most acutely affected by climate change, and considers the “present and future generations impacted by the harmful effects of this phenomenon.” Prior to the hearings, judges received updates on the scientific data concerning rising global temperatures from the U.N.’s climate change panel.